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2021 CHAPTER LAWS
01/28/21 signed chap.1
Amends §37-0119, Environmental Conservation Law; amends §2, Chapter 370 of 2020 (as proposed in S.6829-B & A.8829-A). Relates to prohibiting certain uses of trichloroethylene; provides that no person shall use trichloroethylene as a vapor degreaser, an intermediate chemical to produce other chemicals, a refrigerant, or an extraction solvent or in any other manufacturing or industrial cleaning process or use.
01/28/21 signed chap.2
Amends §2-e, Education Law (as proposed in S.5140-B & A.6787-D, Chapter 349 of 2020); adds §106-b, State Technology Law. Directs the director of the office of information technology services to conduct a study on the use of biometric identifying technology; prohibits the use of biometric identifying technology in schools until July 1, 2022 or until the commissioner of education authorizes such purchase or utilization, whichever occurs later.
01/28/21 signed chap.3
Amends §§51, 53, 53-a, 54, 54-a & 55, Alcoholic Beverage Control Law (as proposed in S.4661 & A.6989, 2020 Chapter 367); amends §1134, Tax Law. Relates to certificate of authority numbers for alcohol vendors.
01/28/21 signed chap.4
Amends §§2353 & 2336, Insurance Law; add §397-c, Vehicle & Traffic Law; amends §2, Chapter 347 of 2020 (as proposed in S.7881 & A.9763-A). Relates to premium reductions of commercial risk insurance policies covering for-hire vehicles and a for-hire motor vehicle safety program.
01/28/21 signed chap.5
Amends §16, Agriculture & Markets Law; amends §3, Chapter 343 of 2020 (as proposed in S.8298-B & A.10729-A). Prohibits symbols of hate on state owned property.
01/28/21 signed chap.6
Amends §§5 & 6, Chapter 289 of 2020 (as proposed in S.5948 & A.7821). Specifies what property conveyed to Rockland Recovery Homes, Inc. should be used for, what happens to the reverter interest of the property and adds an expiration date.
01/28/21 signed chap.7
Amends §§1 & 2, Chapter 258 of 2020 (as proposed in S.7589-B & A.9779-A). Relates to the New York state volunteer firefighter recruitment and retention task force; relates to the number of appointments and time to make such appointments to the task force.
01/28/21 signed chap.8
Amends §1506, repealed §1506 ¶(e) sub¶ 3, §1506-d, adds §1506-d, Not-For-Profit Corporation Law (as proposed in S.7155 & A.9089, 2020 Chapter 359). Requires consent of the cemetery board in the department of state prior to the merger of cemetery corporation; sets requirements for merger of consolidation.
01/28/21 signed chap.9
Amends §25, Workers Compensatoin Law; amends §2, Chapter 253 of 2020 (as proposed in S.7210 & A.7579). Requires an injured worker or person entitled to a death benefit to be provided with the option to have the compensation payment made through direct deposit, and requires such person be given notice of such option and the means necessary to enroll.
01/28/21 signed chap.10
Amends §6605, Insurance Law (as proposed in S.4081 & A.7110, 2020 Chapter 366). Grants authority to assessment corporations to write specified kinds of standalone liability insurance.
01/28/21 SIGNED CHAP.11
Repeals §17 sub (1), Social Services Law (as proposed in A.1436-C & S.222-C, 2020 Chapter 321). Provides that the office of children and family services shall, beginning December 31, 2021 and biannually thereafter, make information publicly available on its website regarding youth placed in foster care settings and the recruitment of foster parents; makes related provisions.
01/28/21 SIGNED CHAP.12
Amends §17, Social Services Law (as proposed in S.8643-A & A.10566-A, 2020 Chapter 331). Requires the commissioner to collect information regarding the homeless population during a state disaster emergency in publicly funded shelters, residential programs for victims of domestic violence, and residential programs for runaway and homeless youth, and publish a report containing such information.
01/28/21 SIGNED CHAP.13
Amends §§352 & 355-d, Education Law (as proposed in S.4549 & A.9804, 2020 Chapter 319). Establishes the state university of New York educational opportunity centers which provide an integrated system of education, vocational training and student support services targeted to higher education access and the development of a quality workforce which supports the economic development of New York's distressed communities.
01/28/21 SIGNED CHAP.14
Amends §1, Chapter 324 of 2020 (as proposed in S.8721 & A.6070-A). Directs a study of the status of consumer awareness and financial education in New York state to instead require that the department of financial services website provide information to enhance consumer financial literacy and consumer awareness which shall include information on basic banking and personal financial management, how credit scores are determined and ways to establish good credit, options for investing and increasing savings, best practices for protecting personal information, and any other topics deemed appropriate by the superintendent.
01/28/21 SIGNED CHAP.15
Amends §95, Social Services Law; amends §4, Chapter 342 of 2020 (as proposed in S.8247-A & A.10673). Relates to working with the USDA to receive approvals and develop online fresh food purchasing options throughout the state; adds a repeal date.
01/28/21 SIGNED CHAP.16
Amends §409-a, Social Services Law; amends §2, Chapter 329 of 2020 (as proposed in S.8421-A & A.10513). Relates to certain data to be reported regarding child welfare preventive services; adds a repeal date.
01/28/21 SIGNED CHAP.17
Amends §170-d (as proposed in S.7350 & A.10119, 2020 Chapter 339); amends §135, Economic Development Law. Provides that every state agency and public authority shall provide to the department of economic development a list of programs, including a description of each program, offered by such state agency or public authority to assist small businesses doing business within this state and the contract information for such programs.
01/28/21 SIGNED CHAP.18
Amends §92-f, Public Service Law (as proposed in S.2861 & A.3327, 2020 Chapter 334). Relates to the expiration of minutes purchased with prepaid cellular telephone cards; provides that such notification shall be in at least fourteen-point sized print and should include the expiration date or the expiration policy.
01/28/21 SIGNED CHAP.19
Amends §33-1301, Environmental Conservation Law (as proposed in S.6502-A & A.732-B, 2020 Chapter 378). Authorizes the department of environmental conservation to allow the use of glyphosate on state property: to maintain critical infrastructure; to manage roadside vegetation to ensure public safety; habitat management for the control of invasive species, noxious weeds, and pests of significant public health importance, and the protection of critical native plant species; and for research purposes to develop sustainable alternatives for agricultural and environmental usages, as well as research regarding the environmental motility of glyphosate.
01/28/21 SIGNED CHAP.20
Amends §1510, Not-For-Profit Corporation Law (as proposed in S.4284-A & A.3429-A, Chapter 336). Relates to cemetery disclosure forms.
01/28/21 SIGNED CHAP.21
Amends §581-a, Labor Law. Prohibits the inclusion of claims for unemployment insurance arising from the closure of an employer due to COVID-19 from being included in such employer's experience rating charges.
01/28/21 SIGNED CHAP.22
Amends §6-136, Election Law. Reduces the number of signatures for designating petitions; provides dates for the signing and filing of designating petitions in 2021.
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Repealed §240.37, amends §230.01, Penal Law; amends §§60.47, 160.10, 170.30, 170.80, 420.35, 720.15, 720.35, 160.55 & 160.50, Criminal Procedure Law; amends §447-a, Social Services Law; amends §3-118, NYC Administrative Code. Repeals provisions relating to loitering for the purpose of engaging in a prostitution offense; makes technical corrections relating thereto.
Walking While Trans.
Repealed §16, Agriculture & Markets Law (as proposed in S.8561-A & A.10607-A). Directs the commissioner of agriculture and markets, in coordination with the commissioner of economic development, to work with the state's land grant university system to produce a report to provide advice, guidance, and recommendations on improving the resiliency and self-reliance of the state's farm and food supply and the related supply chain logistics to address food shortages, food waste, and the inability to get New York farm goods to markets that occurred as a result of the COVID-19 pandemic, with the goal of creating permanent solutions beyond the state of emergency to reflect the changing wholesale, retail and consumer marketplace; makes related provisions.
Amends §§1 & 8, Chapter 598 of 1938 (as proposed in S.8531 & A.10313). Changes the form of the Briarcliff Manor fire department benevolent association from a corporation to an unincorporated association; makes related provisions.
Amends §591, Labor Law (as proposed in S.2231 & A.3033). Provides regulations promulgated for systematic and sustained efforts to find work for unemployment benefits.
Amends §207-a, General Municipal Law (as proposed in S.6144-A & A.7646-A). Relates to ensuring paid employees of a county airport or county aviation department which perform fire response or fire rescue duties are eligible for equal benefits as other paid firefighters.
Amends §§1, 2 & 3, Chap of 2020 (as proposed in S.1079 & A.6393). Requires the office of temporary and disability assistance to produce a report regarding the summer youth employment program.
Amends §§71-2702, 71-2712, 71-2713, 71-2714 & 27-3101, Article 27 Title 31 Head, Environmental Conservation Law (as proposed in S.6758-B & A.10803-A). Relates to the unlawful disposing of construction and demolition debris.
Amends §§27-c & 27-a, Labor Law; amends §2801-a, Education Law; amends §4, Chapter of 2020 (as proposed in S.8617-B & A.10832). Requires public employers to adopt a plan for operations in the event of a declared state disaster emergency involving a communicable disease and establishes certain protocols necessary for responding to a declared state disaster emergency involving a communicable disease in an educational setting.
Amends §4369, Public Health Law; amends §2, Chapter of 2020 (as proposed in S.6705 & A.5370-A). Relates to accessibility to bone marrow registry information and the effectiveness thereof.
Amends §146, Correction Law; amends §3, Chapter of 2020 (as proposed in S.8046 & A.10194). Relates to the correctional association's ability to access, visit, inspect, and examine all state correctional facilities.
Repealed §7.48, Mental Hygiene Law (as proposed in S.8608-A & A.10629-A). Directs the commissioner of mental health to create a workgroup and report regarding frontline worker trauma informed care.
Amends §§1055 & 1091, Family Court Act; amends §3, Chapter of 2020 (as proposed in S.8834 & A. 10581-B). Relates to placement of former foster care youth during a certain state of emergency.
Amends §1269-b, Public Authorities Law (as proposed in S.6430 and A.8127). Relates to the availability of criteria used in formulating capital program plans of the metropolitan transportation authority.
Amends §33.13, Mental Hygiene Law; amends §2782, Public Health Law (as proposed in S.6437-A & A.8337-B). Allows for medical and psychiatric records of deceased inmates to be accessed by the board of correction of the city of New York under certain circumstances.
Amends Article 5 Title 9, §5-308, Election Law (as proposed in S.8806 & A.8280-C). Relates to the automatic voter registration process; amends certain voter registration processes and the agencies to be included as designated agencies.
Permits county committees to amend their rules to permit committee members whose terms are expiring in 2021 to remain in their office for an additional one-year term.
Amends §1, Chapter of 2020 (as proposed in S.8136 & A.10206). Relates to making an application for exemption from real property taxes from the Chabad Lubavitch Chai Center, Inc. contingent upon the approval of the town board of Huntington.
Amends §1, Chapter of 2020 (as proposed in S.6869-A & A.10221). Relates to making an application for exemption from real property taxes from the Joshua Baptist Church contingent upon the approval of the town board of Huntington.
Amends §365, Executive Law (as proposed in S.8791 & A.10782). Relates to New York state veterans' cemeteries; provides further instruction on the selections process and costs associated with the establishment of such cemetery.
Amends §220, Public Health Law (as proposed in S.7304 & A.9530). Relates to the amount of members on the public health and health planning council.
Repealed Article 19, Public Health Law (as proposed in S.6226 & A.8146); amends §492, General Business Law. Creates a Crohn's and colitis identification card.
Amends §§43, 45-a & 45-b, Private Housing Finance Law (as proposed in S.7757-A & A.4129-A). Provides for the appointment of the members of the New York state housing finance agency, the housing trust fund corporation and the affordable housing corporation.
Amends §206, Public Health Law (as proposed in S.8315-A & A.10463-A). Provides for the review of policies and practices relating to COVID-19 outbreaks in correctional facilities, including the treatment and prevention of the disease among inmates and staff.
Repealed §2500-l, Public Health Law (as proposed in S.6662 & A.6987-A). Requires the department of health of the state of New York to conduct a study of the effects of racial and ethnic disparities on infant mortality and prepare and submit a report to the governor and the legislature.
Amends §382, Executive Law (as proposed in S.1714 & A.3343). Provides that in addition to any other applicable remedy or penalty, where a building has been altered in violation of any provision of the uniform code or any lawful order obtained thereunder, and such alteration impedes a person's egress from such building during a fire or other emergency evacuation, the owner of such building, and any builder, architect, contractor, subcontractor or construction superintendent, or agent thereof who has knowledge of such alteration, or an owner who reasonably should have had knowledge of such alteration based on either an inspection or repair of a leased premises with consent from the tenant, shall be subject to a civil penalty of up to seven thousand five hundred dollars.
Amends §280-d, Real Property Law (as proposed in S.4408 & A.5627). Relates to filings concerning reverse mortgage loans.
Amends §1, Chapter of 2020 (as proposed in S.1476-B & A.3275-B). Provides that the department of financial services shall use the information made available to them for the study of which financial institutions provide loans to landlords acquiring or refinancing property that includes rent-regulated and/or small business tenants.
BUDGET DEBT SERVICE FUND
Makes appropriations for the support of government - State Debt
Amends §§802, 803, 804, 805, 806, 807 & 812, Financial Services Law; amends §2, Chapter of 2020 (as proposed in S.5470-B & A.10118-A). Exempts certain commercial financing transactions from certain disclosure requirements.
Amends §§2180, 2181 & 2182, Public Health Law (as proposed in S.8450-C & A.10500-C). Relates to the confidentiality of contact tracing information.
Repealed Article 27 Title 30, amends §27-2201, adds §27-2218, Environmental Conservation Law; amends §2, Chapter of 2020 (as proposed in S.4176-A & A.4398-A). Relates to supermarkets providing excess edible food to food relief organizations.
Repealed §2500-l, Public Health Law (as proposed in S.6707 & A.6986-A). Requires the department of health of the state of New York to conduct a review of the effects of racial and ethnic disparities on breastfeeding rates and prepare and submit a report to the governor and the legislature.
Amends §44, Labor Law; amends §2, Chapter of 2020 (as proposed in S.8828 & A.5965-A). Establishes a registry of workplace fatalities in the construction industry to record information pertaining to all incidents under which an employee performing construction work suffers a work-related fatal injury.
Repealed §2509-b, §2803-j sub 1-f, amends §§2803-j, 2803-n, 266 & 2803-w, Public Health Law; amends §4, Chapter of 2020 (as proposed in S.8525 & A.2770-C). Provides for pre-term labor care and directing the commissioner of health to require hospitals to provide pre-term labor patients with information regarding the potential health effects of pre-term labor and pre-term delivery on an expectant mother and on her fetus.
Amends §§2 & 3, Chapter of 2020 (as proposed in S.8663-A & A.8767-A). Establishes the Adirondack road salt reduction task force and pilot program.
Amends §21-324, NYC Administrative Code (as proposed in S.7215-A & A.7820-A). Requires a process for notification of new homeless shelters and conducting a public information session in the community where the proposed shelter is to be located.
03/08/21 signed chap.69
Removes the option to file an opportunity to ballot petition in the June 2021 primary election.
03/08/21 SIGNED CHAP.70
Amends §§259, 260, 2018, 2608 & 2553, Education Law. Relates to library and school district petitioning.
03/08/21 SIGNED CHAP.71
Amends §4, Chapter 23 of 2020; amends §28, Executive Law. Provides that the legislature may terminate by concurrent resolution a state disaster emergency issued under section 28 of the executive law; authorizes any directive issued pursuant to chapter 23 of the laws of 2020, in effect at the time of the repeal of such chapter shall be permitted to continue for 30 days from the date of such repeal, subject to certain provisions; makes related provisions.
03/09/21 signed w/ Press Release
Amends §20, Town Law. Relates to town justices of the town of Rye following the dissolution of the Port Chester village court.
03/09/21 signed w/ Press Release
Establishes the COVID-19 Emergency Protect Our Small Businesses Act of 2021; relates to eviction proceedings (Part A); relates to foreclosure proceedings (Subpart A); relates to tax sales (Subpart B); establishes hardship declarations for owners of commercial real property (Subpart C) (Part B).
Amends §8-600, Election Law (as proposed in S.8782 & A.8610-B). Requires the county seat in Washington county to have at least one polling place designated for early voting.
Amends the 2020-21 Aid to Localities budget; unemployment insurance benefit program.
Amends §§226, 1802 & 510, Vehicle & Traffic Law; amends §§7 & 8, Chapter 382 of 2020. Limits the grounds for the suspension of a driver's license; provides for additional notification when a person is required to make an appearance; requires income based payment plans to be available for fines, fees and mandatory surcharges incurred as a result of a violation of the vehicle and traffic law; stops enforcement actions for failure to pay a fine and makes conforming changes.
Adds §159-c, Civil Service Law; adds §196-c, Labor Law. Grants time off for public employees to receive a COVID-19 vaccination.
Adds §§61-b, 361-b, 509-a & 607-i, Retirement & Social Security Law; amends §§512 & 2575, Education Law; amends §1266-h, Public Authorities Law; adds §§13-149.1, 13-244.1, 13-347.1 & 13-544.1, NYC Administrative Code. Establishes a coronavirus disease 2019 (COVID-19) public employee death benefit for individuals who reported to their usual place of employment or an alternate worksite at the direction of their employer on or after March 1, 2020 and such individual contracted COVID-19 within 45 days of reporting to such workplace as confirmed by a laboratory test or by a licensed physician and such individual died on or before December 31, 2022.
Same as A 5475 Lunsford
Amends §4, Chapter 461 of 2017. Relates to extending the effectiveness of certain provisions relating to the reciprocity of debarments.
Adds §2803-z, amends §2803-c, Public Health Law. Establishes requirements for the transfer, discharge and voluntary discharge from residential health care facilities.
Amends §6-136, Election Law. Relates to the number of signatures of enrolled voters needed on a designating petition for any town office to be filled by all the voters of certain towns and the number of signatures required on a designating petition for a village election; provides for the repeal of such provisions upon the expiration thereof.
Repealed §296 subs 2-b & 18-a, adds §170-d, Executive Law (as proposed in S.6220-A & A.8149-A). Requires the disclosure of disabled tenants' rights to reasonable accommodations.
Amends §1305, Real Property Actions and Proceedings Law. Relates to notice to tenants in mortgage foreclosure actions; permits tenants who did not occupy the premises at the commencement of the foreclosure action to remain in occupancy for the remainder of the lease term, up to a maximum of three years.
Amends §§5-1501B, 5-1504 & 5-1513, General Obligations Law (as proposed in S.3923-a & A.5630-a). Relates to the statutory short form and other powers of attorney for purposes of financial and estate planning.
Amends §3457, Insurance Law (as proposed in S.8437 & A.9761-A). Relates to group policies for certain motor vehicles engaged in the business of carrying or transporting passengers for hire.
Amends §860-b, Labor Law (as proposed in S.8748 & A.10674-A). Relates to written notice requirements for mass layoffs; includes a requirement to notify each locality which provides police, firefighting, emergency medical or ambulance services to the site of employment at which the mass layoff will occur.
Repealed §§220-i & 231-a, Labor Law; repealed §70 sub 8, amends §2, Public Service Law (as proposed in S.7846 & A.10338). Expands the definition of electric plant; provides for employees of the Indian Point Nuclear Power Plant to be paid a certain wage in certain situations; provides for repeal of certain provisions of the labor law and the public service law relating to the Indian Point Nuclear Power Plant.
Repealed §230 subs 1-a, 15, 16 & 17, §231-a, §234 sub 1 ¶(e-1), amends Labor Law, generally; repealed §14, Chapter 387 of 2020 (as proposed in S.6266-D & A.8142-E). Relates to minimum wage rates for covered airport workers; provides no such worker shall be compensated at a rate lower then the applicable standard rate.
Adds §2801-h, Public Health Law; adds §461-u, Social Service Law. Provides for the authorization and regulation of visitation of compassionate care-giving visitors at nursing homes and residential health care facilities.
Amends §6-142, Election Law. Decreases the number of signatures for independent nominating petitions of candidates for public office; now 2.5%.
03/29/21 signed with Press Release
Amends §212, Judiciary Law; amends §§170.15 & 180.20, adds §§230.11 & 230.21, Criminal Procedure Law. Authorizes the chief administrator of the courts to establish veterans treatment courts; relates to the removal of certain actions to veterans treatment courts.
03/31/21 SIGNED w/ Press Release
Amends Various Laws, generally. Enacts the "marihuana regulation and taxation act"; establishes the cannabis law; defines terms; establishes the New York state cannabis control board and the office of cannabis management; outlines powers and duties thereof; authorizes the lawful use of medical cannabis; authorizes research programs related thereto; establishes a cannabis research license to permit a licensee to produce, process, purchase and/or possess cannabis for certain limited research purposes; relates to adult-use cannabis; authorizes a person to apply for a license to cultivate, process, distribute, deliver or dispense cannabis for sale in this state; relates to the description of cannabis, and the growing of and use of cannabis by persons twenty-one years of age or older; makes technical changes regarding the definition of cannabis; relates to removing certain references to marijuana relating to forfeiture actions; relates to the qualification of certain offenses involving cannabis; exempts certain persons from prosecution for the use, consumption, display, production or distribution of cannabis; relates to the definition of smoking; provides for the licensure of persons authorized to produce, process and sell marihuana; relates to the criminal sale of cannabis; relates to drug paraphernalia; adds a new article on cannabis to the penal law; authorizes a motion for resentence for persons convicted of certain marihuana offenses; levies an excise tax on certain sales of cannabis; creates the New York state cannabis revenue fund, the New York state drug treatment and public education fund and the New York state community grants reinvestment fund.
03/31/21 signed chap.93
03/31/21 approval memo.4
Amends §§137, 138, 2, 401, 401-a, 500-k & 45, Correction Law. Restricts the use of segregated confinement and creates alternative therapeutic and rehabilitative confinement options; limits the length of time a person may be in segregated confinement and excludes certain persons from being placed in segregated confinement. This bill will be known as the "Humane Alternatives to Long-Term Solitary Confinement" Act (the HALT Solitary Confinement Act.)
Adds Art 18-C §§18-400 - 18-403, General Obligations Law. Enacts provisions relating to the discontinuance of LIBOR (the London interbank offered rate); prohibits parties from refusing to perform contractual obligations or declaring a breach of contract as a result of the discontinuance of LIBOR or the use of a replacement; establishes that the replacement is a commercially reasonable substitute for and a commercially substantial equivalent to LIBOR; provides a safe harbor from litigation for the use of the recommended benchmark replacement.
Amends §2, Chapter 308 of 2012. Extends certain provisions of the general municipal law, relating to granting localities greater contract flexibility and cost savings by permitting certain shared purchasing among political subdivisions.
Repealed Article 30-D, Public Health Law. Repeals the emergency or disaster treatment protection act which protects health care facilities and health care professionals from liability that may result from treatment of individuals with COVID-19 under conditions resulting from circumstances associated with the public health emergency.
Amends §§712, 732, 773 & 1012, Family Court Act. Eliminates the use of the term "incorrigible".
Amends §§708 & 602, Business Corporation Law; amends §§603 & 605, Not-For-Profit Corporation Law; amends §28, Religious Corporations Law. Allows corporations to conduct business and meetings electronically either for the duration of the state disaster emergency or until December 31, 2021, whichever is later.
Permits the Great Neck school district to move the date of their annual meeting and election for the 2021 year from the third Tuesday of May to the second Tuesday of May so that it does not conflict with religious observances.
Permits the Suffern central school district to move the date of their annual meeting and election for the 2021 year so that it does not conflict with religious observances; provides for the repeal of such provisions upon expiration thereof.
RULES Governor Program # 4
Provides for emergency appropriation for the period April 1, 2021 through April 8, 2021.